The Delhi High Court is set to hear a petition today seeking the removal of AAP leader Arvind Kejriwal from the post of Chief Minister of the national capital. The Public Interest Litigation (PIL) was filed by former AAP MLA Sandeep Kumar and is listed for hearing before Justice Subramonium Prasad.
In his petition, Kumar argues that Kejriwal’s recent arrest by the Enforcement Directorate (ED) in connection with a money-laundering case related to Delhi’s now-defunct excise policy renders him incapable of fulfilling his duties as Chief Minister under the Constitution.
The plea highlights the constitutional mandate for the Chief Minister to aid and advise the Lieutenant Governor in matters within the legislative assembly’s purview. Kumar asserts that Kejriwal’s current unavailability complicates this constitutional mechanism, emphasizing that a Chief Minister cannot effectively discharge duties from prison.
The petition seeks the issuance of a writ of quo warranto against Kejriwal, compelling him to justify his authority to hold the office of Chief Minister under Article 239AA of the Constitution. It calls for an inquiry into his qualification and title, ultimately requesting his removal from office, either with or without retrospective effect.
This is not the first time such a plea has been brought before the court. Earlier attempts to remove Kejriwal from his position were rejected by the High Court, with the bench emphasizing Kejriwal’s personal choice to continue as Chief Minister and asserting that there was no legal barrier preventing an arrested individual from holding office. The court underscored that such matters are within the purview of other state organs to address, signaling a reluctance for judicial interference.
Today’s hearing marks another chapter in the legal battle surrounding Kejriwal’s tenure as Chief Minister, underscoring the complex interplay between legal, constitutional, and political considerations in the governance of the national capital.
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